Comparison of DISH Network s America s Top 120 to DirecTV s Choice Packages, and of DISH Network s America s Top 200 to DirecTV s Choice Xtra Packages

Comparison of DISH Network s America s Top 120 to DirecTV s Choice Packages, and of DISH Network s America s Top 200 to DirecTV s Choice Xtra Packages A Study, Published mid-february 2010 Researched, analyzed and written by: P.O. Box 4225 Carmel-By-The-Sea, CA 93921 Tel: (831) 622-1111 Fax: (831) 622-1115 Website: www.carmelgroup.com Primary Contact and Author/Analyst: Jimmy Schaeffler, Senior Analyst, Chairman & CSO E-mail: jimmy@carmelgroup.com

Comparison of DISH Network s America s Top 120 to DirecTV s Choice Packages, and of DISH Network s America s Top 200 to DirecTV s Choice Xtra Packages By s Jimmy Schaeffler 1 For purposes of transparency, points out that it was retained by DISH Network to review and compare the two satellite companies basic-level pay TV packages, and the two satellite pay TV companies mid-level packages, based upon our company s lengthy history of providing independent and objective analysis of global telecommunications issues. When ascertaining the value of its contents, encourages critics to concentrate on the analysis and supporting data within the following report. was asked to measure and compare the content and pricing of the two basiclevel pay TV packages, and the two mid-level packages, offered as of mid-february 2010, by DISH Network and DirecTV. These basic-level packages are America s Top 120 from DISH Network, and Choice from DirecTV. These mid-level packages are DISH Network s America s Top 200, and DirecTV s Choice Xtra. The accompanying nine figures, and endnotes, further illustrate and support the conclusions reached below. TABLE OF CONTENTS I. EXECUTIVE SUMMARY.. Page 2 II. INTRODUCTION.Page 3 III. MEASUREMENT # 1: CHANNEL RATINGS.. Page 6 IV. MEASUREMENT # 2: PACKAGE PRICING...Page 12 V. CONCLUSIONS...Page 15 VI. APPENDIX Page 16 I. EXECUTIVE SUMMARY 1) Project Goal was tasked to compare DISH Network s America s Top 120 pay TV package to that of DirecTV s Choice package, as well as DISH Network s America s Top 200 pay TV package to that of DirecTV s Choice Xtra package. 2) Basic Rationale For consumers, the value of a pay TV package is in the video channels they actually watch, and in the relative pricing of those channels. 2 s

3) Channel Ratings In order to accomplish this task, chose to compare the packages based on relative ratings for the channels included in each package. 4) Price Points As an additional measure, chose to use a common sense second measure that any reasonable consumer would use, i.e., relative package pricing. 5) Packages Comparable Based upon this research and the data points determined, The Carmel Group concludes that DISH Network s America s Top 120 and DirecTV s Choice packages, on the one hand, and DISH Network s America s Top 200 and DirecTV s Choice Xtra packages, on the other hand, are quite comparable. 6) Pricing Advantage Yet, based upon the package pricing, for both sets of packages compared by in this study, DISH Network s America s Top 120 is a better consumer value than DirecTV s Choice, and the America s Top 200 package is a better consumer value than the Choice Xtra package. II. INTRODUCTION 7) Inexact It is a given within today s U.S. pay TV industry that no two packages could ever be exactly the same. This is due to various technical, legal, regulatory, marketing, and other standard business practices and influences. 8) New Methodology Furthermore, unlike other industries that have been in existence and subject to measurement for decades, e.g., the automobile industry, there is no current dominant or accepted methodology for measuring and comparing pay TV packages. 2 9) Prices, Channels Thus, has chosen to measure, as of mid-february 2010, the two basic packages of DISH Network and DirecTV, i.e., America s Top 120 and Choice, as well as the two mid-level packages of DISH Network America s Top 200 and DirecTV s Choice Xtra, based upon a careful review and analysis of the prices and the core video channels (as defined below), that are part of each package. 10) Channels Analysis First, turning to the all-important channels analysis, in its basic-level Choice package, DirecTV offers a total of 114 video channels, and 55 music channels, 3 for a grand total of 169 channels of video and music. By comparison, DISH Network offers 98 video channels and 32 music channels, as part of its America s Top 120 package, for a grand total of 130 video and music channels. 4, 5 Yet, while the difference of 39 total channels might seem significant, when viewing the true measure of a pay TV package, i.e., video channels, DirecTV actually offers only 16% more video channels (or a total of 16 more video channels in the entire package). 6 In other words, the vast majority of channels DirecTV offers that 3 s

DISH Network does not are music channels. For the reasons cited below, we conclude that the relatively small percentage difference in both the total and the particular video channels offered by DirecTV does not have a significant effect negative or positive when comparing the America s Top 120 and Choice packages. Second, in its mid-level Choice Xtra package, DirecTV offers a total of 151 video channels and 78 music channels, for a grand total of 229 channels of video and music. By comparison, DISH Network offers 139 video channels and 96 music channels, as part of its America s Top 200 package, for a grand total of 235 video and music channels. Again, when viewing the true measure of a pay TV package, i.e., video channels, DirecTV actually offers only a total of 12 more video channels in its Choice Xtra package, which accounts for a total of only 9% more video channels than DISH Network America s Top 200. For the reasons discussed below, we conclude that the relatively small percentage and number difference in both the total and the particular lower-rated video channels offered by DirecTV vs. DISH Network also does not have a significant effect negative or positive when comparing the America s Top 200 and Choice Xtra two packages. 7 See Figure 1, below. 11) Core Channels There are a grouping of video channels within each of these four packages that we deem core channels. This determination is based upon the Nielsen Media ratings of the channels in each package measured during any average day during any average time, 8 s 4

from which has extrapolated an average number of U.S. TV Households (U.S.TVHHs) 9 viewing those channels. Looking at the true substance behind any pay TV package, these most-watched video channels are the set of channels that make any two sets of packages comparable. 12) Underlying Data For the U.S. TV industry today, a standard and generally accepted measurement of the ratings of the video channels in the two sets of packages covered by this study is produced by New York, NY-headquartered Nielsen Media. 10 Specifically, Nielsen Media regularly produces ratings data and metrics that specifically measure a percentage of the number of U.S.TVHHs that are viewing these channels during any average day at any average time. Following decades of observance, it is the opinion of that this Nielsen Media data is currently the most generally reliable and generally accepted data available for the purpose of measuring the U.S.TVHHs watching the video channels within each package, and thus the packages themselves. In that vein, in the next twelve numbered paragraphs, i.e., paragraphs 13-24, the ratings of the ten video channels offered by DirecTV as part of its Choice package (yet not offered by DISH Network as part of its America s Top 120 package) among the top # 1-50 11 most highly-rated channels, are examined using this Nielsen Media data. Further, the Nielsen Media ratings of the dozen video channels offered by DirecTV in its Choice Xtra package (yet not offered by DISH Network as part of its America s Top 200 package) among # 50-101 of the most watched channels, is also examined in paragraphs 25-29. Again, to be clear, this Nielsen Media data shows the ratings, during any `average day at any average time; it also shows the same measurement for the five groupings of video channels described below; and for both sets of comparative packages, this data helps to show comparisons of composite total ratings and USTVHHs for groupings of missing video channels. 13) Small Number First, our conclusion below notes that for the comparison of America s Top 120 package to the Choice package, a) among the top # 1-20 most highly rated video channels, each package offers the same channels to every subscriber; and b) among the next thirty most highly-rated Nielsen video channels, i.e., the channels rated # 21-50 in Nielsenmeasured ratings, a relatively small percentage of viewers have chosen to watch the ten channels missing from the DISH Network package. Second, our conclusion below notes that for the comparison of the America s Top 200 package to the Choice Xtra package, a) among the top # 1-50 most highly-rated Nielsen video channels, each package offers the same channels to every subscriber; and b) among the s 5

next 101 among the Nielsen-rated, again, a relatively small percentage of subscribers have chosen to watch the dozen channels missing from the DISH Network package. Based upon this ratings quotient, concludes the DISH Network America s Top 120 and the DirecTV Choice packages, as well as the DISH Network America s Top 200 and the DirecTV Choice Xtra packages, are equivalent and thus relatively comparable. III. MEASUREMENT # 1: CHANNEL RATINGS A. Comparing the Ratings of The America s Top 120 vs. Choice Packages 14) # 1-20 Exactly Equivalent Focusing first on the specifics representing the groupings of video channels based upon those that are rated, each of these two pay TV packages being compared contains each and every one of the same top 20 most highly-rated by Nielsen Media. Specifically, this set of top # 1-20 video channels with the highest Nielsen Media ratings, accounts for an aggregate Nielsen TV rating of 20.64% on any average day at any average time. This means that during any average day at any average time, almost one fourth of the audience of U.S.TVHHs, or, according to s extrapolation, 23.6 million U.S.TVHHs, would only be watching only one of these channels rated # 1-20 by Nielsen Media. Again, both networks offer all 20, or 100%, of these top # 1-20 most highlyrated video channels. This fact makes the two packages exactly equivalent to the bulk of subscribers and would-be subscribers -- and thus comparable -- based upon the Nielsen Media ratings of those viewing each packages top # 1-20 channels. 15) Core Audience Focusing in on the relative Nielsen Media ratings of these top # 1-20 most highly-rated video channels offered, we conclude that the two packages compared here, DISH Network s America s Top 120 and DirecTV s Choice, will be judged to be equivalent by the bulk of U.S.TVHHs that watch TV. We say this because almost a quarter of the U.S.TVHHs audience watches one or more of channels # 1-20 at any time, and therefore this core audience would not miss the absence of a handful of channels rated # 21-50 by Nielsen Media. It would be reasonable to conclude that given the low ratings of these few missing channels, their absence would not have a material impact upon the typical viewer. 16) # 21-30 Similar Again, based only on this comparison of the video channels rated # 1-20 by Nielsen Media, one could easily argue that the content of DISH Network s America s Top 120 package is the equivalent of that offered in DirecTV s Choice package. Yet, further analysis of the next set of 30 most highly-rated video channels further confirms this point, focusing on the relative ratings of the channels offered by each provider in each package. The accompanying Figure 5 further elucidates the measurements and comparisons s 6

stated in this study s paragraphs 13-24 and 25-29. Continuing this analysis, the next of the most highly-rated video channels according to Nielsen Media, i.e., channels rated # 21-30, find only 1.45% of U.S.TVHHs watching these channels, which equates to approximately one and two thirds million U.S.TVHHs. Among these top 21 to 30 most highly-rated channels, DirecTV offers all ten in its Choice package, while DISH Network offers seven of these ten in its America s Top 120 package. The three video channels omitted by DISH Network are, in order, a) trutv, b) FX, and c) Hallmark. 17) # 21-30 Rated Of these three video channels omitted by DISH Network among the list of the top channels rated # 21-30 in the Nielsen Media ratings, their exact viewing rank and Nielsen rating amount to a) a ranking of # 22 for trutv, @ a 0.51% rating; and b) a ranking of # 23 for FX, @ a 0.49% rating and c) a ranking of # 30 for Hallmark, @ a 0.45 rating. The total Nielsen rating for the three channels is 1.45%. That 1.45% equates to approximately one and two thirds million U.S. TVHHs. FIGURE 2 DISH Network s Missing Channels Among The # 21-30 Top Channels Channel Name Rank Rating (%) Equivalent U.S.TVHHs (mil.) trutv 22 0.512 0.58 FX 23 0.494 0.56 Hallmark 30 0.446 0.51 TOTAL 1.45% 1.66 Copyright 2010. Property of. All Rights Reserved. 18) # 31-40 Similar Continuing this analysis, the next of the top most highly-rated video channels according to Nielsen Media, i.e., channels rated # 31-40, find a cumulative total of 1.04% of U.S.TVHHs watching at any given time during the day. equates that 1.04% rating to approximately 1.2 million U.S.TVHHs. Among these top 31 to 40 most highly-rated video channels, DirecTV offers all ten in its Choice package, while DISH Network offers seven in its America s Top 120 package. These three omitted video channels are, in order, a) AMC, b) Nick Jr., and c) Lifetime Movie Network. s 7

FIGURE 3 DISH Network s Missing Channels Among The # 31-40 Top Channels Channel Name Rank Rating (%) Equivalent U.S.TVHHs (mil.) AMC 32 0.408 0.47 Nick Jr. (f/k/a Noggin) 38 0.326 0.37 Lifetime Movie Network 39 0.307 0.35 TOTAL 1.04% 1.19 Copyright 2010. Property of. All Rights Reserved. 19) # 31-40 Rated Of the three omitted by DISH Network among the list of the video channels rated # 31-40, their Nielsen Media rank and rating amount to a) a ranking of # 32 for AMC, @ a rating of 0.41; b) a ranking of # 38 for Nick Jr., @ a 0.33% rating; and c) a ranking of # 39 for Lifetime Movie Network, @ a 0.31%. The total Nielsen rating is 1.04% for all three. That 1.04% equates to approximately 1.2 million U.S.TVHHs. 20) # 41-50 Similar Continuing this analysis, the next of the video channels rated by Nielsen Media, i.e., channels rated # 41-50, find a cumulative total rating of 1.11%, which equates to approximately 1.3 million U.S.TVHHs. Among these top 41 to 50 rated video channels, DirecTV offers all ten in its Choice package, while DISH Network offers six in its America s Top 120 package. The four omitted video channels are, in order, a) msnbc, b) BET, c) Bravo, and d) Animal Planet. FIGURE 4 DISH Network s Missing Channels Among The # 41-50 Top Channels Channel Name Rank Rating (%) Equivalent U.S.TVHHs (mil.) Msnbc 40 0.293 0.33 BET 42 0.288 0.33 Bravo 44 0.283 0.32 Animal Planet 45 0.247 0.28 TOTAL 1.11% 1.27 Copyright 2010. Property of. All Rights Reserved. s 8

21) # 41-50 Rated Of the four omitted by DISH Network among the list of video channels rated # 41-50, their viewership ranking and Nielsen ratings amount to a) a ranking of # 40 for msnbc, @ a 0.29% rating; b) a ranking of # 42 for BET, @ a 0.29% rating; c) a ranking of # 44 for Bravo, @ a 0.28% rating; and d) a ranking of # 45 for Animal Planet, @ a 0.25% rating. The total Nielsen rating is 1.1% for all four. This 1.1% equates to approximately 1.3 million U.S.TVHHs. 22) 4% Impacted The important point here is that approximately 96% of U.S.TVHHs are not impacted by these ten missing video channels in the DISH Network America s Top 120 package, because these 96% of U.S.TVHHs are not included among U.S.TVHHs that watch these ten channels. Put another way, extrapolates and estimates that the total number of U.S.TVHHs that actually watch those ten video channels during any average day at any average time numbers an estimated and relatively insignificant 4.8 million (or approximately 4.2%) of U.S.TVHHs. Therefore, because a minimum of 96% (or 109 mil.) of USTVHHs are capable of receiving the same video content from both sets of DISH Network and DirecTV packages, the two sets of comparable packages are, indeed, substantially comparable. 23) Value of 11 Summing up, for all ten of the video channels among the top 50 rated that are not offered by DISH Network as part of its America s Top 120 package, their collective value to the typical TV viewing customer is measured in terms of how much of those channels viewers typically watch. In short, to most people, the packages appear to be the same when it comes to ratings (and number of USTVVHs impacted), which is undoubtedly what pay TV packages are purchased for and how they are valued by consumers. 24) Content Comparable Further summing up, among the ten video channels left out of the DISH Network package and yet included in the DirecTV package, their relatively small ratings among viewers negates their importance in this common sense comparison. In short, concludes that these ten channels are not of great impact to roughly 109.3 million U.S.TVHHs -- which is also the vast majority of the 114.1 million U.S.TVHHs that are not watching them -- and the fact that they are missing from the America s Top 120 package thus loses real significance, therefore making the packages of America s Top 120 from DISH Network and Choice from DirecTV substantially equivalent and comparable. The clear point here is that when comparing pay TV packages, one does not base that comparison upon the viewing habits of such an extremely small number of viewers, nor does one base that comparison upon those viewing such an extremely small number of sparsely-viewed channels; instead, as was done here, comparison must be based upon the similarities experienced by an estimated 96% of U.S.TVHHs. Based on those similarities, DISH Network s America s Top 120 package is comparable to DirecTV s Choice package. 9 s

B. Comparing the Ratings of The America s Top 200 vs. Choice Xtra Packages 25) # 1-50 Exactly Equivalent Focusing in on the specifics representing the groupings of video channels based upon how much they are watched, the Nielsen Media data shows that each of DISH Network s America s Top 200 and DirecTV s Choice Xtra packages being compared contains each and every one of the same top # 1-50 most highly-rated channels. 12 26) Specifically, the set of top # 1-50 most highly-rated video channels accounts for an aggregate Nielsen TV rating of 33.7%. This means that during any average day at any average time, more than one third of the audience of U.S.TVHHs, or what estimates at 38.4 million U.S.TVHHs, would be watching these video channels rated # 1-50. Again, both pay TV providers offer all #1-50, or 100% of these top # 1-50 most highly-rated channels. This fact makes the two packages exactly equivalent to the majority of subscribers and s 10

would-be subscribers -- and thus comparable -- based upon the ratings of each packages top fifty channels. 27) Core Audience Focusing in on the relative viewing audience of these top # 1-50 most watched video channels offered, we conclude that the two packages compared here, DISH Network s America s Top 200 and DirecTV s Choice Xtra, will be judged to be equivalent by just about every subscriber. We say this because we estimate that more than a third of the U.S.TVHHs audience would be watching one or more of channels rated # 1-50 at any time 28) Channels # 51+ Again, based only on this comparison of video channels rated # 1-50, one could argue that the content of the DISH Network America s Top 200 package is the equivalent of that offered in DirecTV s Choice Xtra package. Yet, further analysis of the next set of 101 channels further confirms this point, focusing on the relative ratings by Nielsen Media of the video channels offered by each provider in each package. Continuing this analysis, the total of the top-rated video channels according to Nielsen Media, i.e., channels rated # 51-151 in DirecTV s Choice Xtra package, finds only about 1-2% U.S.TVHHs watching every one of these video channels, which equates to approximately 1.4 million-2.8 million U.S.TVHHs at most that have watched these channels on any average day at any average time in the past. 29) Content Comparable Further summing up, among the 12 video channels 13 left out of the DISH Network America s Top 200 package and yet included in the DirecTV Choice Xtra package, their ratings among viewers negate their importance in this common sense comparison. In short, concludes that these 12 channels are not of great viewing significance to roughly 98%-99%, or an estimated 112 million U.S.TVHHs -- which is also the vast majority of the 114+ million U.S.TVHHs that are not watching them -- and the fact that they are missing from the America s Top 200 package loses significance, thus making the packages of America s Top 200 from DISH Network and Choice Xtra from DirecTV significantly equivalent and comparable. The clear point here is that when comparing pay TV packages, one does not base that comparison upon the viewing habits of such an extremely small number of viewers, nor does one base that comparison upon those viewing such an extremely small number of sparsely-viewed channels; instead, as was done here, comparison must be based upon the similarities experienced by what The Carmel Group estimates is 98% or more of U.S.TVHHs. Based on those similarities, DISH Network s America s Top 200 package is comparable to DirecTV s Choice Xtra package. To reiterate, because a minimum of 98% (or nearly 112 mil.) of USTVHHs are capable of receiving the same video content from both sets of DISH Network and DirecTV packages, the two sets of comparable packages are, indeed, substantially comparable. s 11

IV. MEASUREMENT # 2: PACKAGES PRICING A. Comparing The Pricing of America s Top 120 vs. Choice Packages 30) Price Comparison A second major measurement criterion involves collecting and analyzing these two sets of packages price points. In every one of these possible analyses, the DISH Network package price significantly bests that of the comparable DirecTV package. The four figures below further clarify these pricing differences. 31) All Channels The standard price per month for DISH Network s America s Top 120 package is $39.99; the equivalent price for DirecTV s Choice package is $58.99. 14 As for price point differences, found that for the typical customer of either package, the differences are significant. Thus, using these pricings per month just noted, the cost per channel per month for all channels of the DISH Network America s Top 120 package is $0.31; whereas the cost per channel per month for all channels of the DirecTV Choice package is $0.35. Thus, the DirecTV Choice package, based upon regular price channel comparisons, is 13% more expensive per month (and annually) than the DISH Network America s Top 120 package. 15 32) Video Channels Further, measuring only the video channels offered in each package, and when dividing the package prices stated above in paragraph 31 by the total number of video channels, the customer cost/price value again resides with DISH Network s America s Top 120 package, at $0.41 cost per channel per month; whereas via the same calculation, the customer cost/price value per channel per month for the DirecTV Choice package comes to $0.52. This equates to a 27% channel price difference per month (and annually) favoring the customer of DISH Network s America s Top 120 package. Put another way, based upon published prices, the comparable package of video channels costs the average DirecTV Choice subscriber $228 more annually than it does the average DISH Network subscriber for the America s Top 120 package. See Figure 6. [Remainder of page left intentionally blank] s 12

33) Value Proposition #1 Taking the pricing and the package content analysis one final step further (and together), concludes that for 48% more cost per package per month and annually, the typical basic package customer gets only 16 more (or 16% 16 more) video channels from DirecTV. Most of those additional channels, however, are not frequently viewed by consumers, per data obtained from Nielsen Media, and not highly relevant to a comparison of pay TV packages. See Figure 7. [Remainder of page left intentionally blank] s 13

B. Comparing the Pricings of America s Top 200 vs. Choice Xtra Packages 34) Video Channels Further, measuring only the video channels offered in each package, and when dividing the package price by the total number of video channels, the customer cost/price value again resides with DISH Network s America s Top 200 package, at $0.38 cost per channel per month; whereas via the same calculation, the customer cost/price value per channel per month for the DirecTV Choice Xtra package comes to $0.42. This equates to an 11% video channel price difference per month (and annually) favoring the customer of DISH Network s America s Top 200 package. In a year s sum of consumer payments, this means the DirecTV Choice Xtra customer will pay 21% more, or a minimum of $132.00 more annually, than the DISH Network America s Top 200 customer, in order to receive an additional twelve low-rated video channels. 17 35) Value Proposition # 2 Taking the pricing and the package content analysis one final step further (and together), concludes that for 21% more cost per package per month (and annually), the typical mid-level pay TV package customer gets only twelve more video channels from DirecTV. Further, either as it applies to America s Top 200 or to the Choice Xtra packages, most of those additional channels are not frequently viewed by consumers, per data obtained from Nielsen Media, and not highly relevant to a comparison of pay TV packages. 14 s

V. CONCLUSIONS 36) Packages Comparable In conclusion, s comparison of DISH Network s America s Top 120 pay TV package to DirecTV s Choice package concludes that they are relatively equivalent -- and thus comparable -- in channel content. Yet these two base level packages are certainly far from equivalent in pricing. In fact, DISH Network s America s Top 120 is clearly a better consumer value, given that DirecTV s Choice package provides only 16% more of the lower-rated video channels, but costs every Choice package consumer 48% more per month (and annually). See Figure 8. 37) Pricing Not Comparable Furthermore, the closest comparison of DISH Network s America s Top 200 pay TV package to DirecTV s Choice Xtra package concludes that they are remarkably equivalent -- and thus comparable -- in channel content. Yet these two mid-level packages are certainly far from equivalent in pricing, with the same relative number of video and music channels costing every Choice Xtra package s 15

consumer 21% more per month (and annually) than the costs of the comparable DISH Network America s Top 200 pay TV package. 38) Value Index Another way to compare the two pay TV services is to look to the value index of each of the packages. The value index is the value that the subscriber will obtain from a package that is valued in terms of the dollar spent. In this instance, as an example, we use the Nielsen Media ratings as a package value for the DISH Network America s Top 120 and DirecTV Choice package. The America s Top 120 pay TV package has 30 basis points, according to its cumulative Nielson Ratings, and is offered for $39.99. Comparatively, DirecTV s Choice Package has 34 basis points, and is sold for $58.99. The table below compares the two packages value index: FIGURE: 9 Comparison of DISH Network America s Top 120 to DirecTV Choice Package Value Index Total Nielson Rating (basic points) Price (Dollars) Monthly Value Per Dollar Spent Percentage Difference Dish Network 30.07 39.99 0.75 31.70% DirecTV 33.68 58.99 0.57 Copyright 2010. Property of. All Rights Reserved. The DISH Network monthly value is 0.75 basis points per month for every dollar spent. On the other hand, the DirecTV monthly value comes to 0.57 basis points per month for every dollar spent. Via this rating-to-price quotient, the DISH Network America s Top 120 value index is almost 31% higher than that of DirecTV s Choice package. 39) Customer Value In sum, both of the America s Top 120 and America s Top 200 DISH Network packages compared here are also deemed superior consumer values over their DirecTV equivalent packages, i.e., Choice and Choice Xtra, respectively, based upon their substantially comparative channel offerings and substantially lower pricing. s 16

VI. APPENDIX Biography of Jimmy Schaeffler (As of February 2010) Jimmy Schaeffler 18 is s founder and its Chairman and Chief Service Officer for the past 15 years. He is also a 38-year veteran of the telecom industry, beginning in Munich at the 1972 Summer Olympics, working closely alongside the late Roone Arledge, Jim McKay, and Peter Jennings. Building on that foundation, he has worked as a producer, executive, attorney, general counsel and/or analyst, with ABC Sports, working at the Innsbruck, Montreal, and Lake Placid Olympic Games, and through the 1984 Games in Sarajevo; and with the Colorado Springs, CO-based U.S. Olympic Committee; Aspen, CO-based Adventure World Productions; and the Carmel, CA-based Paul Kagan & Associates. He is also an author of several TV-related books, which include Digital Signage Software, Networks, Advertising, and Displays: A Primer For Understanding The Business (See, http://www.elsevier.com/wps/find/bookdescription.cws_home/714285/description#description ); and the second, entitled, Digital Video Recorders: DVRs Changing TV and Advertising Forever (See, http://www.elsevier.com/wps/find/bookdescription.cws_home/717706/description#description ). Mr. Schaeffler s expertise/specialties are: Consulting and Company Introductions Telecommunications (Focused on Broadcast, Satellite, Cable, Telco, Broadband/Internet, Mobile, Fixed Wireless) Digital Satellite Radio Satellite Telephony Digital Signage Interactive TV (Digital Video Recorders, Video On-Demand, Advertising, etc.) Speeches and Presentations Fundraising Litigation Support Piracy Analysis and Recommendations ENDNOTES 1 See, biography above, APPENDIX 1. 2 Because there is no current dominant or accepted methodology for measuring and comparing pay TV packages, a handful of estimates, assumptions, generalizations, and approximations have been used in certain instances to work toward various results and conclusions. These have been duly noted in most instances. 3 As noted further in this paragraph, the number of music channels is deemed relatively unimportant when comparing packages, because packages are typically purchased by consumers based upon pricing and the number of video not audio or music channels. 4 Because of the use of different orbital locations by the two U.S. satellite pay TV operators, i.e., DISH Network and DirecTV, certain customers in Alaska, Hawaii, and Puerto Rico may be unable to receive one or more channels within certain packages. Accordingly, we have not included Alaska, Hawaii, and Puerto Rico in this set of comparisons. s 17

5 This study has not included premium channels, i.e., Starz, HBO, Cinemax, and Showtime, as a comparative measure nor as an automatic part of these basic-level and mid-level packages, because these channels require a customer to opt-in and specifically select and pay separately for that channel as part of a long-term subscription. 6 For our channel comparisons, concentrated on the number of video channels that both DirecTV and DISH Network carry to an audience in the continental U.S., and on five (5) local video channels offered to the majority of viewers in the continental U.S., i.e., ABC, CBS, NBC, Fox, and PBS. 7 Worth pointing out is the fact that actually DirecTV includes 48 video channels in its Choice Xtra package that are not included in DISH Network s America s Top 200 package; conversely, DISH Network includes 36 video channels in its America s Top 200 package that are not included in DirecTV s Choice Xtra package. Nonetheless, at the end of the day, when measuring the total number of video channels offered by each, DirecTV offers customers of its Choice Xtra package 12 more video channels. Worth also noting is that every one of these channels offered by DISH Network and DirecTV is not particularly well-rated by Nielsen Media, indeed, most have ratings of less than 0.01%. 8 uses the Nielsen Media ratings as an approximation of viewership for each of the channels in each of the packages and, based upon an estimation of the total number of USTVHHs, typically calculates a number of estimated USTVHHs. Thus, whenever this report utilizes Nielsen Media data, that is a reference to ratings, and ratings only; whereas, when the study uses USTVHHs, that is an extrapolation of the Nielsen data done by The Carmel Group to achieve an estimated number of USTVHHs. 9 estimates that the current number of total U.S.TVHHs is slightly more than 114 million, of which approximately 95 million are pay TVHHs. Viewers of DirecTV are measured relative to a current estimated subscriber count of 18.4 million (which is the equivalent of 16.1% U.S.TVHHs); and 14.1 million for DISH Network (which is the equivalent of 12.4% of U.S.TVHHs). 10 Nielsen Media data comes from the company s Nielsen Ratings: Based on Total Composite (MTWTFSS 6am- 6am) USAA%, for January 19, 2009-January 24, 2010. This data measures the percentage of U.S.TVHHs watching a certain channel on any average day at any average time. 11 Indeed, going one step further in this analysis of the top # 1-50 most viewed channels, excepting the National Geographic Channel (ranking # 51, with a rating of 0.18, representing 206,000 U.S.TVHHs), every one of the most watched video channels # 1-60 in both DISH Network s America s Top 200 package and DirecTV s Choice Xtra package is exactly the same. This further cements the conclusion of comparability between both sets of DISH vs. DirecTV packages. Nonetheless, to retain consistency, the core of this analysis is based upon the comparison of the most watched # 1-50 video channels, followed by a review of the remaining channels in each channel comparison set. 12 Again, as noted in endnote # 11, all of the most watched video channels # 1-60 in both America s Top 200 and DirecTV s Choice Xtra are exactly the same. 13 The twelve video channels offered as part of DirecTV s Choice Xtra package, that are not offered as part of DISH Network s America s Top 200 package are a) National Geographic, b) Nicktoons Network, c) Science Channel, d) Style e) Versus, f) TV One, g) History International, h) Biography, i) Military Channel, j) DIY Network, k) Great American Country, and l) Fox Reality. 14 But see, footnote # 15 below. 15 A true comparison of monthly charges requires taking into account what consumers are actually required to pay to receive their content during any time frame. In that regard, observes that DirecTV automatically charges $5.00/month extra for customers seeking installation and use of a second set-top box (STB), whereas the first STB is installed for free. Because the average U.S. TV household (U.S.TVHH) contains 2.8+ TVs, has also calculated the monthly charge for the DirecTV Choice package adding a one STB/month fee of $5.00 -- at $63.99/month, rather than the $58.99/month listed on the DirecTV website. This is based upon the assumption that the average U.S.TVHH has two STBs installed by DirecTV. Assuming only one STB is installed, the DISH Network America s Top 120 package costs 48% less than the $58.99/month Choice package offered by DirecTV. Worth also noting, DISH Network does not charge for the installation and monthly use of a second STB. Thus the $39.99/month charged for the America s Top 120 package s 18

by DISH Network represents a firm fee. In short, adding in the $5/month fee for the STB charged by DirecTV for its Choice package, the DISH Network America s Top 120 package measures as an even greater consumer value. Further emphasizing this point, note that the calculations in the main paragraphs of this study are based upon a DirecTV Choice package price per month of $58.99. Adding in the additional $5.00/month charged by DirecTV for a second STB receiver, however, the consumer cost for the DirecTV Choice package rises to $63.99, and the cost per channel for all channels rises to $0.38, which is 23% more expensive per month than the DISH Network America s Top 120 package. Correspondingly, the cost per channel for all DirecTV Choice video channels rises to $0.56, which is 37% more expensive per month than the DISH Network America s Top 120 package. Further emphasizing this point, note that the calculations in paragraphs numbered 34-35 are based upon a DirecTV Choice Xtra package price per month of $63.99. Adding in the additional $5.00/month charged by DirecTV for a second STB receiver, however, the consumer cost for the DirecTV Choice Xtra package rises to $68.99, and the cost per channel for all channels rises to $0.30, which is 34% more expensive per month than the comparable DISH Network America s Top 200 package. Correspondingly, the cost per channel for all DirecTV Choice Xtra video channels rises to $0.46, which is 20% more expensive per month than the DISH Network America s Top 200 package. 16 If the local channels are not included, this number adjusts to 17%; 16% is the number of additional channels offered by DirecTV in its Choice package when local channels are included. 17 Again, note that if the monthly fee of $68.99 is calculated (factoring in the extra $5/month set-top box fee charged by DirecTV), this monthly and annual fee differential comes to 30% more that DirecTV Choice Xtra subscribers pay than DISH Network America s Top 200 subscribers pay, which means a typical customer pays an extra $192.00 more annually. 18 Mr. Schaeffler can be reached at (831) 622 1111, and via email at jimmy@carmelgroup.com. A more complete version of this biography can be accessed at http://www.carmelgroup.com/bios/personal/jimmy_schaeffler/ s 19